5:24 p.m.
Mantei says if the counsel knows the witness was present, the testimony must be excluded.

He says the knowledge that he was there was not disclosed to the court or the state.

Mantei says Benjamin Crump was forced to leave, but was also never called.

Judge Nelson says the rule says the court will determine a violation occurred and exclude a witness only if the testimony was affected.

She says the court is “very, very, very, very” concerned about the abiding of the rule.

She says she doesn’t believe Donnelly had the knowledge.

She doesn’t find his testimony was changed.

The motion for sanctions is denied.

She asks the counsel to approach.

5:19 p.m.
Judge Nelson asks about O’Mara saying Shellie Zimmerman wanted Donnelly with her in court, but she was subject to sequestration.

O’Mara says she had asked Donnelly to go to support Zimmerman.

He says he has only seen pictures and knows he was on the right side.

West says he met Donnelly at his deposition and was able to recognize him. He saw him while leaving for a recess and shook his hand and said good morning.

That’s when he says he told Donnelly he would have to leave the courtroom. He says Donnelly apologized and didn’t express knowledge of knowing the rule was invoked.

West says efforts were made to contact witnesses that would likely be called.

He says he or anyone with his office didn’t talk to Donnelly, telling him the rule.

The violation was inadvertent and the responsibility lies with him, West says.

O'Mara says Donnelly was seated in the second row.

5:12 p.m.
O’Mara says the most severe decision would be to exclude the witness from testifying.

O’Mara says they had no intention of calling him until a Saturday when he learned there was relevant testimony.

He says there’s been no finding Donnelly gained knowledge that would affect his testimony.

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Nothing would happen if so.

Is that Ex-Chief Lee?

Does the jury get notified of the severity of punishment if GZ is found guilty on "lesser charges"?

5:31 p.m.
The prosecution and defense go over the jury instructions.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

The smoking gun must be in the state's closing!

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

TRIAL PROPER(13) - DAY 23

State of Florida V George Zimmernan

Thursday, July 11, 2013 9:00AM EST




LIVE STREAMING
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CTH (Puddy Page): http://theconservativetreehouse.com/


TWITTER
Kathi Belich: https://twitter.com/KBelichWFTV


LIVE UPDATES
cf13 News: http://www.cfnews13.com/content/news/cf ... artin.html

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Rumpole: poll idea - what "theory of the case" will the State present in their closing argument?

They didn't present a theory in the probable cause affidavit, in their opening statement, or in their case presentation. What theory (of many) will they use, finally, in their closing argument?

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

Hi Chip.

You always have to have polls.

Can you list the alternatives the poll should present?

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

George Zimmerman Trial Day 23: Live Updates

http://www.cfnews13.com/content/news/cf ... ay_23.html

8:25 a.m.
The prosecution and defense are expected back in court at 9 a.m. to go over the jury instructions. The state will begin closing arguments at 1 p.m.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

That's a good question, isn't it? Since the State hasn't actually articulated anything?

1) Zimmerman and Martin were standing; Zimmerman grabbed Martin's shirt to keep him from getting away. After Martin screamed for 40 seconds, Zimmerman shot him.
2) Zimmerman was on top of Martin. After Martin screamed for 40 seconds, Zimmerman shot him.
3) Martin was on top of Zimmerman, beating the crap out of him. After Zimmerman screamed for 40 seconds, Martin relented; but as he was leaning back to end the assault, Zimmerman grabbed his shirt, pulled him back toward himself, and shot him.

Variations of the above three, with:

a) Zimmerman started the physical altercation, by menacing Martin. Martin was "standing his ground"
b) Martin started the physical altercation, but made an attempt to cease aggression before Zimmerman escalated to deadly force

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

Sounds right to me, Chip.

Either the jury was convinced it was self defense or they weren't, imo. If it was self defense, then no conviction is appropriate. If it wasn't self defense, then 2nd degree could be appropriate.

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All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

Second-degree murder must be off the table at this point. Nelson erred primarily in not granting the JOA outright; but she erred secondarily in not removing second-degree murder from the charges, due to the absolute lack of any evidence whatsoever of Zimmerman acting out of hatred, ill will, or spite.

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

IIRC, the state wanted to strike two of the jurors that made it onto the panel. Let's hope they want to "strike" them all after the verdict.

_________________
All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

What is scheduled for today?

Chip, I'd worry about the message that may send to the jury; taking 2nd degree off the table and offering only manslaughter as if that was the appropriate charge to convict, kwim?

_________________
All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.